Facts

The Center for Community Action and Environmental Justice (CCAEJ) is a 501(c)(3) non-profit, public benefit corporation organized under the laws of California, dedicated to working with communities to improve the social and natural environment. Meanwhile, the Peggs Company Inc. owns and operates a shopping cart manufacturing facility located at 4851 Felspar Street in Riverside, California. Storm water discharges associated with the industrial activity at the facility are regulated by the National Polluion Discharge Elimination System General Permit No. CAS000001 (General Permit). On June 16, 2021, CCAEJ served on the Peggs Company, the Administrator of the United States Environmental Protection Agency, the Executive Director of the State Water Resources Control Board, the Executive Officer of Santa Ana Regional Water Quality Control Board, the U.S. Attorney General, and the Regional Administrator of the EPA with a notice of intent to file suit under Section 505(a)(1) of the Clean Water Act. On October 6, 2021, CCAEJ filed a complaint against the Peggs Company, Inc. Following the complaint, the Peggs Company implemented additional filtration socks to provide further filtration of stormwater.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant repeatedly discharged polluted storm water from its facility in violation of the General Permit and the Clean Water Act.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Defendant agreed to pay $71,000, plus compliance costs, and implement best management practices for its shopping cart manufacturing facility to comply with the Clean Water Act and General Permit. Furthermore, defendant also agreed to install and operate a state-of-the-art active storm water filtration system manufactured by StormwaterRX to ensure that storm water discharges from the property are clean and comply with all applicable laws and regulations.